Implementing Regulation Of The Judges Act Article 40
This English translation was last updated on 2012-07-05, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
“The regulations of Article 74, Paragraph 3, Article 76, Paragraphs 1, 4 and 5 of the Act concerning the Judicial Yuan, the Judicial Personnel Study Institute, and the courts shall apply, mutatis mutandis, to the Ministry of Justice, the Training Institute for Judges and Prosecutors of the Ministry of Justice, and the prosecutorial agencies” as referred to in Article 89, Paragraph 1of the Act, means Article 74, Paragraph 3, and Article 76, Paragraphs 1, 4 and 5 of the Act shall apply, mutatis mutandis, to tenured judges or prosecutors transferred to the Ministry of Justice, the Training Institute for Judges and Prosecutors, Ministry of Justice and other administrative positions to be taken by tenured judges or prosecutors in accordance with laws.Article 89, Paragraph 1, applying mutatis mutandis Article 76, Paragraph 5 shall apply to the conversion of appointments for the transfer or return of personnel in preceding paragraph and Article 35, Paragraph 1, Section 1 of the Act.The transferred personnel in the Paragraph 1 shall serve a term of three years, and may be extended once; the term shall recommence after serving prosecutor position for more than two years.
中文原文 法官法施行細則第40條
現職法官、檢察官轉任下列人員後，再回任檢察官者，毋須經檢察官遴選程序：
一、本法第八十九條第九項所定政務人員及特任人員。
二、其他法律明定年資及待遇依相當職務之法官、檢察官列計之人員。
先後擔任前項各款人員，其年資未中斷者，亦同。
一、本法第八十九條第九項所定政務人員及特任人員。
二、其他法律明定年資及待遇依相當職務之法官、檢察官列計之人員。
先後擔任前項各款人員，其年資未中斷者，亦同。